WASHINGTON - TelAve -- Universities will have to eliminate all uses of race - direct, indirect, and even by using proxies or other subterfuges - by February 28th, according to a sternly worded letter (https://www.ed.gov/media/document/dear-colleagu...) from the Department of Education [ED].

The letter warned against racial discrimination even if it is indirect because Federal law prohibits colleges from adopting race-neutral policies "motivated by racial considerations."

Such indirect illegal racial discrimination includes, for example, deliberately abandoning standardized tests such as the SAT and LSAT "to achieve a desired racial balance or to increase racial diversity."

Indirect racial discrimination also includes using "students' personal essays, writing samples, participation in extracurriculars, or other cues as a means of determining or predicting a student's race and favoring or disfavoring such students."

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The new legal ruling comes at a time when many universities have DEI programs which include considerations of race.

Anticipating just such a crackdown, many universities have sought to protect at least part of their illegal racially discriminatory activities by changing the names and titles of programs and staff positions, and/or by trying to hide the activities with different names and descriptions.

Such ploys to avoid being caught engaging in illegal racial discrimination have been openly reported and discussed in many forums.

Although this may make it difficult for ED staffers to root them out, faculty and staff at universities are usually in a unique position to spot such subterfuges because they work in close proximity with such employees, and often have been subject to their directives and requirements.

Also, as employees, they often have access to non-public sources of information showing the organizational structure where they teach or work, including staff titles and their duties, and also minutes of meetings of their faculty senate or similar bodies, reports sent via email or published in school newspapers or newsletters, etc.

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Indeed, some faculty or staff employees who strongly object to such racial discrimination, and/or those who believe they have been victims (e.g., passed over or not considered for a position, required to fill out a DEI statement as a condition of obtaining or even keeping a position, etc.) may well now be downloading information about current organization structures and positions to be able to more easily spot and demonstrate any efforts to avoid the new ED directive by re-naming programs or moving offenders to other departments.

If this does occur, faculty, staff, and even students can of course report such efforts on line and anonymously to the U.S. Department of Education Office of Inspector General Hotline Portal for appropriate action regarding their college and/or university.

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